Reinforcing the Official Languages Act: Changes for continuity

In 1988, the year in which Part VII was added to the Official Languages Act (OLA), all federal institutions made a commitment to contribute to the development of the official-language minority communities (OLMCs), to enhance the vitality of these communities and to promote linguistic duality. Over the years, various measures have been taken to guide the institutions'work in this respect, including: the 1994 Accountability Framework for the implementation of sections 41 and 42 of the OLA, the Government of Canada's Action Plan for Official Languages, the Official Languages Accountability and Coordination Framework (2003), and the Horizontal Management Framework for the Official Languages Program (2005).

The turning point came in 2005, when the Act to Amend the Official Languages Act (Promotion of English and French) came into force. The new Act requires that the federal government take positive measures to fulfill the commitment set out in section 41 of the OLA. The Act also authorizes the Governor in Council (the Governor General on the advice of Cabinet) to make regulations prescribing the manner in which federal institutions' duties are to be carried out, and it makes Part VII of the OLA enforceable, meaning that the obligations stated in this part of the OLA can be the subject of court remedies.

The responsibilities assigned to Canadian Heritage under sections 42 and 43 of the OLA remain unchanged: to encourage and promote a coordinated approach for the implementation of federal institutions' commitment and to take such measures as the Minister considers appropriate to advance the equality of status and use of English and French in Canadian society.

Federal institutions are now required to assess and increase, where needed, the efforts made to take positive measures to fulfil their commitment. They must understand their obligations well and ensure that their employees are well aware of the specific responsibilities set out in the Official Languages Accountability and Coordination Framework.

For more information, visit the Canadian Heritage Web site at: www.pch.gc.ca/progs/lo-ol/legislation/index_e.cfm

The wording of the new sections of the OLA follows (amendments in bold characters):

41. (1) The Government of Canada is committed to (a) enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development; and (b) fostering the full recognition and use of both English and French in Canadian society.
(2) Every federal institution has the duty to ensure that positive measures are taken for the implementation of the commitments under subsection (1). For greater certainty, this implementation shall be carried out while respecting the jurisdiction and powers of the provinces.
(3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate,House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

77. (1) Any person who has made a complaint to the Commissioner in respect of a right or duty under sections 4 to 7, sections 10 to 13 or Part IV,V or VII, or in respect of section 91,may apply to the Court for a remedy under this Part.

Examples of good practices for implementing section 41

• Anticipate the impact on the OLMCs in any Memorandum to Cabinet or new departmental initiative planning document;
  
  
• Include the OLMCs, from the outset, in any social research conducted by the institution;
  
  
• Consult with the OLMCs, take part in their activities, keep abreast of their concerns or projects, and inform them of the institutions' concerns and projects;
  
  
• Provide financial support or support in kind for OLMC projects;
  
  
• Cooperate with other federal institutions and attend various interdepartmental meetings;
  
  
• Promote linguistic duality in Canada by presenting the two language communities and the added value that the duality provides all Canadians in their relations with the rest of the world;
  
  
• Support Les Rendez-vous de la Francophonie;
  
  
• Ensure the widespread distribution of publications on official languages within the institution (e.g., Bulletin 41-42);
  
  
• And much more... (see Alberta initiative at page 16).

New Minister for La Francophonie and Official Languages

On February 6, 2006, the Prime Minister of Canada announced the appointment of Josée Verner as Minister of International Cooperation and Minister for La Francophonie and Official Languages.

As Minister for Official Languages, she has two main roles: the coordination of all activities by federal institutions relating to official languages; and specific responsibilities of the Minister of Canadian Heritage pertaining to the promotion of English and French, as described in Part VII of the Official Languages Act.

As Minister of International Cooperation and Minister for La Francophonie, she will host the Ministerial Conference of La Francophonie, which will be held in St. Boniface,Manitoba, from May 12-14, 2006.The theme of the conference will be conflict prevention and human security. Next September,Ms.Verner will accompany the Right Honourable Stephen Harper, Prime Minister of Canada, to Bucharest, Romania, for the XI^th Summit of La Francophonie, uniting heads of state and government of countries using French as a common language.

Don't miss the next issue of Bulletin 41-42 which will feature an article on the Honourable Josée Verner.